Judge: Disabled Sisters Can Pursue Rescission, Debt Collection Claims

CHARLESTON, W.Va. - A pair of disabled sisters can pursue claims seeking rescission of a mortgage loan on the ground that they were never provided with copies of the loan documents as required by the Truth in Lending Act (TILA) and for violations of the West Virginia Consumer Credit Protection Act (WVCCPA), a federal judge in West Virginia ruled Oct. 23 in denying in part their loan servicer's motion for summary judgment (Jollee Lenhart, et al. v. EverBank, No. 12-cv-4184, S.D. W.Va.; 2013 U.S. Dist. LEXIS 152171).